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Stephanie Russo
CHAPTERS 1-5 REVIEW
Grand Jury
-hear the evidence and determine whether there is sufficient evidence to bring the person to trial -investigate criminal activity generally -investigate the conduct of a public agency or official -spoken to by prosecutor
Arraignment
-hearing before a court having jurisdiction in a criminal case in which the identity of the defendant is established -defendant is informed of their rights and the charge -defendant to required to enter a plea
Petit Jury
-declare guilty or not guilty -determine any question or issue of fact in any civil or criminal action according to law and the evidence introduced at the trial.
Probable Cause
-necessary level of belief that would allow for police seizures of individuals and full searches -set of facts and circumstances that induce a person to believe that a specified person has committed a specified crime -reasonable grounds to make or believe an accusation -reasonable suspicion
Due Process
-Fair treatment through the normal judicial system, esp. as a citizen's entitlement. -opportunity to be heard -protects the rights of the accused
Terry Laws
-reasonable and articulable suspicion
Amendments
IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. SEARCH AND SEIZURE V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. RIGHT TO REMAIN SILENT, RIGHT AGAINST DOUBLE JEOPARDY, PROTECTION OF PERSONAL PROPERTY, PROTECTION OF DUE PROCESS VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by
Serial -targeting specific people and killing over time (profiling) -impact society -crafty DEGREES 1st -premeditated
- corpus delicti - fact that the crime has occurred (proof) 2nd -passion of moment 3rd -felony -unintentional but intended to hurt
Defenses to Specific Intent Crimes
FOUR CATEGORIES
1- Alibi -“It wasn’t me because I wasn’t there!”
-based on actual/true innocence 2- Justification -“I did it, but it’s ok.” -Self-defense -you have a duty to retreat, unless you have to defend yourself using reasonable force -egress (exit) -defense of others -only works to aid a VICTIM -must be reasonable force -danger must be immanent -not applicable if potential victim can retreat -defense of property -you can NEVER use deadly force to protect property, life is more valuable -use of force -necessity (beating people in a life or death situation) -consent (rape cases) consensual sex -resisting unlawful arrest 3- Excuse -defendant is not legally responsible for it
- rule for determining insanity
- questions whether the defendant did or did not know what they were doing OR that if they did not know what they’re doing is wrong
- Irresistible Impulse
- knowing what you did was wrong, but cannot overcome not doing it; impulse
- Substantial-Capacity Test
- mix of irresistible and M’Naghten -Durham Rule -not responsible for behavior due to mental incapacity (1950’s) -Brawner Rule -places responsibility for deciding insanity with the jury -Guilty but Mentally Ill -(11/50 states) judge can oppose any normal sentences -punishment with help -Temporary Insanity -(1940’s + 1950’s) insane only during the crime, currently sane -frees the defendant -Insanity Defense Reform Act -M’Naghten Rule & the defendant has to prove it BEFORE court -Diminished Capacity -Defendant has impairment -Mental Incompetence
-unable to assist attorney in creating defense -may dismiss the trial due to incompetence 4- Procedural -Entrapment -improper of illegal inducement to crime by enforcement agent -illegal inducement to crime by agents of law enforcement -Double Jeopardy -attaches to defendant when they are impaneled (sent to jury duty) -Mistrial -“do-over” -Collateral Estoppel -similar to double jeopardy with a valid and final judgement -Selective Prosecution -targeting -Speedy Trial -purpose: to prevent the un-convicted and the potentially innocent from languishing in jail -Prosecutorial Misconduct -State’s lawyer breaks the rules to assist the accused -Police Fraud -Police breaks laws to help defend the accused
Uniform Crime Report
-contain official data on crime that is reported to law enforcement agencies across the United States who then provide the data to the FBI
DATE RAPE
-can be forcible or not (i.e. drugs) -usually someone you know -alcohol, rufees, GHB AGGRAVATED ASSAULT -physical contact brought on by anger ROBBERY -forcible taking from a person BURGLARY -intent to trespass -taking from a place -forcible -unlawful -intentional THEFT -stealing from a place you belong/have a right to be -shoplifting
-ID theft MOTOR VEHICLE THEFT -theft of movable property ARSON -fire crime UCR PART II CRIMES AGAINST THE ELDERLY -fraud & abuse -easy targets STALKING CRIMES AGAINST WOMEN -(low crime rates in everything except rape) HATE CRIMES
2- Apprehending Officers
- “Catch the bad guys” 3- Preventing Crime -Anticipation, recognition, and appraisal of a crime risk and the initiation of action to eliminate or reduce it 4- Preserve Peace
- Quality of Life offenses
- a petty crime that demoralizes community residents
- create physical disorder (noise and vandalism) or that reflect social decay (panhandling and prostitution) 5- Provide Services
- 911, guiding traffic, et cetera LEVELS 1- Federal Agencies -FBI 2- State Agencies -assist local law enforcement departments in criminal investigations when asked -operate centralized ID bureau -Patrol the state’s highway -provide select training for municipal and county officers 3- Local Agencies
ORGANIZATION & STRUCTURE
Line Operations -field activities or supervising activities directly related to day to day police work Staff Operations -activities that provide support for line operations Chain of Command -line of authority that extends through all levels of an organization (high to low) -attorney general is the highest law enforcer Span of Control -number of police or units supervised by an officer POLICE-COMMUNITY RELATIONS (PCR) Team Policing -assigned to specific areas and become familiar with them Community Policing -Police and community working together to ID problems of crime -enhance community life -does it work for every community?
- strategic -regular law enforcement with a larger enforcement towards non-traditional criminals (serial offenders, gangs, white-collar)
-Fredrick Silverthorne was accused of avoiding payment of federal taxes. When asked for his tax books, he refused and cited the 5th (against self-incrimination). Federal agents searched without a search warrant and obtained the company’s books. Lawyer presented that no search warrant was issued and the books were returned. The federal agents had photo copied the book and the Silverthornes were convicted. Appeal reached the US Supreme Court, they ruled that illegally seized evidence could not be used in trial.
- Fruit of the Poisonous Tree Doctrine -legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure MAPP v. OHIO
-Dolree Mapp was suspected of harboring a fugitive wanted in a bombing. When police arrived she refused to let them in. They forced their way in and discovered pornographic materials. Mapp was arrested and convicted under state law for possession of illegal materials. Court case referenced the Silverthorne and Weeks cases.
- Result: made the exclusionary rule applicable to criminal prosecutions at the state level CHIMEL v. CALIFORNIA
-Ted Chimel was suspected for burglary of a coin shop. The officers only had an arrest warrant not a search warrant, yet they proceeded to search the house after making the arrest.
The officers justified their mistake by claiming that searching the house was a procedure for arrest. Went to US Supreme Court, they ruled that the search of Chimel’s residence was invalid because it went beyond the person arrested and the area subject to that person’s “immediate control.” --> distinguished when a search becomes invalid TERRY v. OHIO
-Supreme Court Case -Pat downs -Do not need probable cause, just reasonable suspicion -based on totality of the circumstances -must be articulate-able and reasonable SMITH v. OHIO -A man is approached by two officers, he runs off throwing a paper bag, the bag was picked up by police and it contained marijuana. He was arrested, but protected under the belief that the police had no right to approach him
- An individual has the right to protect his or her belongings from unwarranted police inspection MIRANDA v. ARIZONA
-Ernesto Miranda was not told his rights when arrested, his case went to supreme court, they came up with the Miranda Warnings (reference above).
Warrants
-Anticipatory -issued on the basis of probable cause to believe that evidence of a crime, while not currently at the place described will most likely be there when the warrant is executed. -Warrantless Circumstances -GUIDELINES (ALL MUST BE PRESENT) 1: probable cause 2: emergency threat of destruction of evidence 3: situation doesn’t have time to obtain a warrant 4: action you take is no greater than necessary to handle the situation
